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United States Vs. Rodriquez

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  • US Supreme Court
  • May 19, 2008

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70 entries 4 linked 66 unlinked
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  1. Spencer Vs. Texas US Supreme Court · Jan 23, 1967
  2. Gryger Vs. Burke US Supreme Court · Jun 14, 1948
  3. United States Vs. Bass US Supreme Court · Dec 20, 1971
  4. United States Vs. Labonte US Supreme Court · Jan 07, 1997
  5. Syllabus October Term, 2007 United States V. Rodriquez
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  6. s understanding of recidivism statutes has been has squarely rejected. See, e.g., Nichols v. United
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  7. s suggestion, United States v. LaBonte
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  8. s reliance on Taylor v. United
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  9. JJ., joined. Souter, J., filed a dissenting opinion, in which Stevens and Ginsburg, JJ., joined. United States v. Rodriquez
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  10. Opinion of the Court United States V. Rodriquez
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  11. Supreme Court of the United States No. 06-1646 United States, Petitioner V. Gino
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  12. at 9, App. 254. The Court of Appeals for the Ninth Circuit, applying its prior precedent in United States v. Corona-Sanchez
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  13. s decision in United States v. Henton
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  14. see Mutascu v. Gonzales
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  15. United States v. Williams
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  16. the defendant would have been sorely misled and would have a ground for moving to withdraw the plea. See United States v. Gonzalez
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  17. United States v. Harrington
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  18. future danger and therefore warrants an increased sentence for purposes of deterrence and incapacitation. See Witte v. United
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  19. Brief for Respondent 11. But we have squarely rejected this understanding of recidivism statutes. In Nichols v. United
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  20. Id. , at 747 (quoting Baldasar v. Illinois
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  21. approach that we used in Taylor v. United
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  22. courts already consult for the purpose of determining if a past conviction qualifies as an ACCA predicate. See Shepard v. United
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  23. Alexander v. State
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  24. Bunnell v. Superior
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  25. guidelines systems that allowed for sentences in excess of the recommended range in various circumstances, see People v. Miles
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  26. Staats v. State
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  27. State v. Armstrong
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  28. State v. Mortland
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  29. Walker v. State
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  30. Commonwealth v. Mills
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  31. Souter, J., Dissenting United States V. Rodriquez
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  32. for past crimes, for purposes of double-jeopardy and right-to-counsel enquiries. See ante , at 7 (citing Nichols v. United
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  33. States , 511 U. S. 738 , 747 (1994), and Gryger v. Burke
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  34. third such conviction incurs a mandatory life sentence). Cf. Ewing v. California
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  35. between them, when the way to avoid conflict is not clear cut even for the state courts, see, e.g., Goldberg v. State
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  36. s decision in Mikell v. State
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  37. State v. Keith
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  38. N. M. 462, 697 P. 2d 145 (App. 1985) (specific trumps general). Cf. Clines v. State
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  39. offense under state law is not always an easy thing. See People v. Wiley
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  40. s law takes account of prior offenses in other States, see Timothy v. State
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  41. s recidivism enhancements, thus overruling its own 2-year-old decision, Butts v. State
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  42. See, e.g. , Commonwealth v. Fernandes
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  43. U. S. 336 , 347 (1971) (quoting United States v. Fisher
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  44. to resolve questions both about metes and bounds of criminal conduct and about the severity of sentencing. See Bifulco v. United
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  45. Ladner v. United
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  46. that motivates the lenity rule, McBoyle v. United
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  47. Nichols v. United
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  48. Taylor v. United
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  49. United States, Petitioner V. Gino
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  50. United States v. Corona-Sanchez
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